Case law

Arruda v. D & P Janitorial Services

2004 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 9, 2004

Beal v. Board of Selectmen of Hingham, 419 Mass. 535, 539 (1995). Under Mass. R. Civ. … See Oliveri v. Massachusetts Bay Transportation Authority, 363 Mass. 165, 167 (1973).

Chery v. Metropolitan Property & Casualty Insurance

2009 Mass. App. Div. 210 · Massachusetts District Court, Appellate Division · Oct 13, 2009

See Coombes v. … Brown, 394 Mass. 151 (1985), Chery contended that she “sustained an ‘injury' of a legally protected interest,” namely, her “clear right to have prompt payment of her medical bills” under G.Lc. 90, §34M.

Kidder v. Knipe

2 Mass. App. Div. 381 · Massachusetts District Court, Appellate Division · Jul 30, 1937

The plaintiff introduced in evidence Ch. 18, Pt. 2, §15 of the Municipal Ordinances of 1919 of the City of Haverhill, a copy of which is as follows: “No sign, sign-board, advertising device, clock, marquee, shade or awning … In Murray v. Liebmann, 231 Mass. 7 , certain conduct of the trial judge was such as to warrant the saving of an exception.

Citibank (South Dakota) NA v. Surabian

2013 Mass. App. Div. 45 · Massachusetts District Court, Appellate Division · Apr 3, 2013

waiting for the trial court clerk to assemble the record constitutes nothing more than a misstatement of both Appellate Division procedure and his own obligations, as the appellant, “to monitor the progress” of his appeal, Brown … v.

Gold v. City of Newton

40 Mass. App. Dec. 136 · Massachusetts District Court, Appellate Division · Sep 10, 1968

The same view is taken in Marion County v. Cantrell, 166 Tenn. 358 where plaintiff’s minor child was killed due to the negligent operation of a school bus operated by a county board of education. … Still later the Court found similarly in Wilson v. Maury County Board of Education, (1957) 42 Tenn. App. 315 .

Fiske Capital Management Co. v. Qureshi

2002 Mass. App. Div. 117 · Massachusetts District Court, Appellate Division · Jun 26, 2002

Davis Investment Corp. v. Thayer Associates, Inc., 1999 Mass. App. Div. 202, 203 , citing Nalbandian v. Patrizzi, 369 Mass. 477, 480 (1976). … Board of Appeals of Stoughton, 402 Mass. 146, 149 (1988).

Lang v. Bradley

1990 Mass. App. Div. 202 · Massachusetts District Court, Appellate Division · Nov 16, 1990

See United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948); New England Canteen Service, Inc. v. Ashley, 372 Mass. 671, 675 (1977); Building Inspector of Lancaster v. … Sanderson, 372 Mass. 157, 160-61 (1977); Marlow v. City of New Bedford, 369 Mass. 501, 508 (1976); DiGiovarno v. Board of Appeals of Rockport, 19 Mass. App. Ct. 339, 343 (1985).

Thompson v. Main Street Auto Sales & Service, Inc.

1999 Mass. App. Div. 260 · Massachusetts District Court, Appellate Division · Nov 9, 1999

Brown, 394 Mass. 151, 159-160 (1985). The principal question on this appeal is whether the plaintiff was entitled to the damages awarded by the trial court. 2. … See Kapp v. Arbella Mut. Ins. Co., 426 Mass. 683, 685 (1998); Cohen v. Liberty Mut. Ins. Co., supra at 755.

Everson v. Pratt

12 Mass. App. Dec. 116 · Massachusetts District Court, Appellate Division · Jul 1, 1956

He found it "to be a small, four-room dwelling, shingled on the outside, with two rooms downstairs and two rooms upstairs, the ceilings and walls of the room being constructed with wall board. … Evans v. County of Middlesex, 209 Mass. 474 . Franklin Park Lumber Company v. Huie-Hodge Lumber Company, 246 Mass. 157 . Daniel v. Jardin, 320 Mass. 764 .

Gamache v. Surprenant

27 Mass. App. Dec. 190 · Massachusetts District Court, Appellate Division · Jul 1, 1964

Owen v. Williams, 322 Mass. 356 , 360 and cases there cited. In Herbits v. … The authority to hire and discharge personnel in connection with the business of a corporation is an authority primarily vested in the board of directors.

Reznik v. Friswell

2003 Mass. App. Div. 42 · Massachusetts District Court, Appellate Division · Mar 21, 2003

Massachusetts Broken Stone Co. v. Planning Board of Weston, 45 Mass. App. Ct. 738, 740 (1998). The courf s inherent authority is codified in Mass. R Civ. … Avelino-Wright v. Wright, supra at 5 . 2.

CJ/Queen Annes Gate Apartments v. Anderson

2012 Mass. App. Div. 128 · Massachusetts District Court, Appellate Division · Jun 28, 2012

Board of Trustees of the Sea Grass Village Condominium v. Bergquist, 2009 Mass. App. Div. 132, 133 , quoting Killeen v. Westban Hotel Venture, L.P., 69 Mass. App. … Floyd v. Owens, 2009 Mass. App. Div. 219, 223 , citing Harmon Plumbing, Inc. v. Jacobs, 1994 Mass. App. Div. 89 , 90 and Peterson v.

Mock v. John P. Condon Corp.

7 Mass. App. Div. 174 · Massachusetts District Court, Appellate Division · Jun 27, 1942

Bourne v. Whitman, 209 Mass. 155, 166, 167 . See also Kenyon v. Hathaway, 274 Mass. 47 , 52 and cases there cited. Farr v. Whitney, 260 Mass. 193, 195 . *177 Noble v. Boston Elevated Railway, 287 Mass. 364 . Foley v. … Even such a load may have been permitted if a permit had been obtained under said c. 90, §19, not from the register of motor vehicles but “from the board or officer having charge of the way.”

Rossi v. Oceanview Country Club

1997 Mass. App. Div. 197 · Massachusetts District Court, Appellate Division · Nov 21, 1997

Barry v. Beverly Enterprises-Massachusetts, Inc., 418 Mass. 590, 592 (1994); Mounsey v. Ellard, 363 Mass. 693, 708 (1973). … DeChristopher, 411 Mass. 401, 402 (1991); Monks v. Zoning Board of Appeals of Plymouth, 37 Mass. App.

Dunn v. Sarno

25 Mass. App. Dec. 39 · Massachusetts District Court, Appellate Division · Sep 19, 1962

Hardiman v. Brown, 162 Mass. 585. Commonwealth v. Bellino, 320 Mass. 635, 638 . *45 Lynch v. Moore, 154 Mass. 335 was a case where the question related to habits of plaintiff’s horse which had bitten defendant’s horses. … In Homans v. Boston Elevated Ry.

Porazzo v. Rietzl Porsch-Audi, Inc.

1980 Mass. App. Div. 151 · Massachusetts District Court, Appellate Division · Sep 19, 1980

Waldor Realty Corp. v. Planning Board of Westborough, 354 Mass. 639, 640 (1968). Krinsky v. Pilgrim Trust Company, 337 Mass. 401, 408 (1958). See Saphier v. Devonshire Street Fund, Inc., 352 Mass. 683, 684 (1967). III. … Zaleski v. Zaleski, 330 Mass. 132, 134 (1953). Barttro v. Watertown Square Theatre, Inc., 309 Mass. 223, 224 (1941). Kennedy Bros., Inc. v. Bird, 287 Mass. 477, 484 (1934).

Boston Edison Co. v. Forest Hills Nursing Home, Inc.

1994 Mass. App. Div. 232 · Massachusetts District Court, Appellate Division · Dec 9, 1994

Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 33 (1983). … Chavoor v. Lewis, 383 Mass. 801, 805-806 (1981).

Lanza v. Scarpa

14 Mass. App. Dec. 47 · Massachusetts District Court, Appellate Division · Jun 18, 1957

Polcari v. Cardillo, 316 Mass. 421; Head v. Morton, 302 Mass. 273 . He may be leaving the vehicle. McManus v. Boston El. Ry., 202 Mass. 519 . He may be entirely outside of the vehicle. Ruel v. … He was still attached to it so that for all practical purposes, he was even more in danger from negligent operation than if he had had a foot on the running board.

Keefe v. Parking Specialists, Inc.

1980 Mass. App. Div. 140 · Massachusetts District Court, Appellate Division · Sep 17, 1980

Memishian v. Phipps, 311 Mass. 521 (1942); Quinby v. Boston & Maine RR, 318 Mass. 438 (1945); Pannella v. Reilly, 304 Mass. 172 (1939). … Since Knowles v.

D'Entremont v. Melchionna

1987 Mass. App. Div. 179 · Massachusetts District Court, Appellate Division · Oct 22, 1987

This appeal is predicated on the dismissal of a complaint for civil contempt filed by Members of the Board of Selectmen of the Town of Burlington (“Town”) to remedy Gerard D’Entremont’s (“D’Entremont”) refusal to comply with … Donnelly v. Montague, 305 Mass. 14, 17-18 (1940); Bickford v. Pisani, 58 Mass. App. Dec. 116, 117 (1976); Klein v. Chapman, 22 Mass. App. Dec. 8, 10 ; Town of Stow v. Libby, 18 Mass. App. Dec. 188, 189 (1960).